In this day and age, especially now with changing social standards in Birmingham, a couple living together without being married can become a common practice between two partners. Cohabitation has its perks, but unwed couples should know their rights and legal standing as described by The Harris Firm. Unmarried partners do not have the same automatic legal rights and privileges as a married couple. In this article, our Birmingham divorce lawyer explains the most important statutory rights and legal issues that unmarried couples in Alabama need to know so they can navigate their relationship with confidence and security.
The Division of Property and Ownership
Joint Property Ownership
Property can be owned jointly, but it is important to ensure how the property will be titled. There are several ways in which property may be held:
- Joint Tenancy: Equal shares of ownership for each partner. In the event of death, the surviving spouse inherits their partner’s portion automatically via the right of survivorship.
- There are two main forms of ownership: Tenancy in Common, where each partner has an integer portion of the property (which may be different), When one partner dies, their share goes to their heirs or beneficiaries — not automatically to the other partner.
Separations and Property Division
Alabama does have marital property laws but those apply only to marriages, not unmarried couples. When an unmarried couple breaks up, dividing property can be tricky. It’s advisable to:
- Draft a Cohabitation Agreement: This is the legal document that sets out both partners’ rights and responsibilities in respect of property, finances, etc. It may stipulate the division of property if the relationship ends.
- Clear Records: Uphold a record of each partner’s financial contribution to the purchase and upkeep of property owned in common.
Financial and Debt Consideration
- Joint Bank Accounts: Couples who are not married can create joint bank accounts. Nonetheless, each partner is responsible for any debt incurred on joint accounts, and both partners have equal access to the money. It is essential to have clear communication and agreements on financial duties.
- Accountability for Debt: Unless both partners have mutually signed for the obligation, one partner’s debt is still their responsibility. However, both spouses could be responsible if a debt—like a mortgage or auto loan—is taken out for their common benefit.
Rights and Responsibilities of Parents
Child Custody and Support
Similarly, unmarried parents share the same rights and obligations to custody and child support as married parents. When it comes to custody arrangements, Birmingham courts always put the best interests of the child first and foremost. What this means: The child’s relationship with each parent, the parent’s ability to care for the child, and the child’s needs.
Legal Protections and Agreements
- Cohabitation Agreements: Cohabitation agreements can include details about all kinds of areas in your relationship including finances, property ownership, and children. It functions as a contract and is legally binding, preventing future arguments if the relationship does not last.
- The Work of Domestic Partnership Registries: Other states, such as Alabama, have domestic partnership registries that offer limited legal recognition and benefits to unmarried couples in some cities or counties. Verify with your local city offices, if this is a prospect in Birmingham.
Conclusion
Knowing your rights and duties as an unmarried or de facto couple is vital for safeguarding your interests when entering into a relationship with someone else, and at the same time building up peace of mind about planning for your future. With Property ownership, Financial obligations, Parental rights, Healthcare decisions, and Estate planning proactive measures unmarried couples in Birmingham can better manage their relationship not only with legal protections but peace of mind.
